By placing an order via www.motorenmann.de, the following terms and conditions are accepted.
The following terms of sale and delivery apply to all deliveries and services.
Orders only become binding once they have been confirmed by telephone, in written form, by fax, by email or via the contact form on the homepage. In the case of orders made electronically, I will confirm receipt of the order immediately. The confirmation of receipt (e.g. in the form of an automated reply to an email request) does not constitute acceptance of the offer.
Offers and price lists are without obligation until conclusion of the contract. Delivery dates are not binding. In case of a delay in delivery, the customer is required to set a period of grace in writing. All prices stated on request or on Motorenmann.de always include the statutory applicable VAT (currently 19% in Germany). Deliveries are made against prepayment by bank transfer, credit card or PayPal (PayPal fees are 1.79% of the order total + €0.35 per transaction). Shipment is made by package by DHL, DPD, FedEx, GLS, NOX Innight, UPS or a forwarding agency. Shipping fees can be found in the delivery and shipping conditions (under delivery and shipping conditions). No pick-ups. If the ordered goods/an ordered article cannot be delivered, the customer will be informed immediately and both parties have the right to withdraw from the contract.
If you choose to cancel your order, you have to bear the cost of returning the goods if the delivered goods correspond with those ordered and if the price
of the article to be returned does not exceed an amount of EUR 40 or if, in the case of a higher purchase price, you have not yet undertaken to pay the purchase price or a contractually agreed instalment at the time of cancellation. Otherwise, the return is free of charge for you.
The customer is obliged to check each delivery upon receipt for signs of external damage, incorrect deliveries or incompleteness and report such deficiencies in writing or in another form of permanent documentation. Defects in the goods themselves must be reported by the customer after their discovery in writing or in another form of permanent documentation. The customer must get the shipping agent to confirm any damage that occurred in transit or only accept goods with reservations. Transport damage reported subsequently cannot be taken into account. Please check the goods immediately after delivery. Transport damages have to be confirmed by the deliverer, qualified (signed) acceptance only! Later claimed transport damages will not be accepted.
(A consumer is any natural person who enters into a legal transaction which cannot be classed as predominantly belonging to their commercial or independent professional activity.)
Consumers within the meaning of Section 13 of the German Civil Code (BGB) have the right to revoke this contract within fourteen days without giving any reason. The withdrawal period is 14 days from the day on which you take, or a third party other than the carrier and designated by you takes, physical possession of the goods.
In order to exercise your right of cancellation, you must inform us (Motorenmann.de, Tim Oelschlaeger, Kupferdreher Str. 28, D-45257 Essen, Tel. 0201 80056120, Fax 0201 80056122, Email: info@motorenmann.de) of your decision to withdraw from this contract by making a clear declaration to that effect (e.g. by a letter sent by post, fax or email). You can use the attached sample cancellation form for this, but it is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
If you cancel this contract, we will reimburse all payments received from you, including the costs of delivery (with the exception of any supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless it was expressly agreed otherwise with you; in any event, you will not incur any fees as a result of such reimbursement.
We can withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You must send back the goods or hand them over to us, without undue delay and in any event no later than 14 days from the day on which you communicate your cancellation of this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of cancellation does not apply to contracts
o for the delivery of goods that are not prefabricated and an individual selection or determination by the consumer is decisive for the production or which are clearly tailored for the personal needs of the consumer,
o for the delivery of goods that can perish quickly or whose expiration date would be exceeded quickly,
o for the delivery of sealed goods which are not suitable for return for reasons of health or hygiene, if the seal was broken after delivery,
o for the delivery of goods if they were, due to their condition, inseparably mixed with other items after delivery,
o for the delivery of alcoholic beverages, whose price has been agreed in the contract, but can be delivered not earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market which cannot be controlled by the entrepreneur,
o for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after the delivery,
o for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
(If you want to withdraw from the contract, please fill out this form and send it back.)
To Motorenmann, Inh.: Dipl.-Ök. Tim Ölschläger, Kupferdreher Str 28, D-45257 Essen, Email: info@motorenmann.de
I/We(*) hereby withdraw / from my/our contract regarding the purchase the following goods (*) / provision of the following services (*)
Ordered on (*) / received on (*)
Name of the consumer
Address of the consumer
Signature of the consumer (only for communication on paper)
Date
(*) Delete as appropriate
Motorenmann.de is be liable to consumers for defects in accordance with statutory provisions (§§ 434 ff BGB §437 BGB).
Normal wear and tear through use and likewise premature wear and tear as a result of improper or untypical use - such as unusually increased load - do not constitute defects.
Any guarantee shall only be binding insofar as it is explicitly confirmed to the contractual partner by Motorenmann.de in writing. This guarantee will only be product- and contract-related and has no effect on future transactions.
If the contractual partner is an entrepreneur, Motorenmann.de is liable for defects for one year from delivery of the goods. For entrepreneurs, Motorenmann.de provides warranty by way of rectification of defects or delivery of a replacement at its discretion.
If the contractual partner is an entrepreneur, Motorenmann.de is liable for the defective part, but not for installation costs and costs of third parties.
Generally, the installation of any auto part requires relevant expertise. Any assembly instructions are a service, but not the content of the claim to performance. Assembly instructions do not claim to be complete; the requirements of the vehicle manufacturer are always to be applied if necessary.
If the customer is a merchant, a legal entity under public law, or public-law special funds, does not have a general place of jurisdiction in Germany, has a place of residence or place of habitual abode that is not known at the time at which a complaint is filed, or has moved its place of residence or a place of habitual abode outside the scope of application of the law after conclusion of the contract, the parties hereto agree on Essen to be the exclusive place of jurisdiction for all disputes arising from the contract. The law of the Federal Republic of Germany is agreed, excluding international private law, in particular with regard to the national and international jurisdiction of courts, for all legal relations existing between the parties.
Online Dispute Resolution (ODR)
Online dispute resolution according to Art. 14 para 1 ODR Regulation: The European Commission provides a platform for online dispute resolution (ODR).
You can find the platform at http://ec.europa.eu/consumers/odr/